St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-01-06
SPECIAL g.SekON.
why the Legis satUro was Not Con
Vened ian 1SSS.

An extra session of the last legislature was
urged with considerable pressure for three
main purposes: to amend the laws for the
regulation of railroads and grain inspection,
to amend the tax laws, and to make a legisla-
tive apportiOnment. Some were inclined to
see in the existence of three such supposed
occasions for immediate legislation an argu-
ment for return 10 annual sessions.
In regard to the railroad and warehouse
laws, l have no doubt that the public judg-
ment "a to the amendments necessary is more
harmonious and more just than it could have
been year ago, and that no considerable
harm has come from the delay.
The supposed occasion for an extra session
to amend the tax laws was decision rendered
by the supreme court in tue case Of Chauncey
VS.. Wass according TO which the payment of
taxes upon real estate and the possession of a
treaSurer'S receipt therefor would not save
the owners title in case the property had
been improperly advertised and sold as delin-
quent, unless the fact of such payment were
SHOWN before the so-called equity bad become
barred by time. About the same time it oc-
casIoned general surprise to learn that pro-
vision OF law requiring personal notice of the
expiration of the time of redemption to be
given by county auditors to owners of sup
posed delinquent real estate sold for taxes,
had been repealed by section of q subse-
Quent statute.
1t thus appeared that citizen who had
discharged every obligation to the state in
return for its protection to his person and mis-
properly, and who felt himself secure in the
possession of a written acknowledgement of
the states agent that he had paid his dues,
might yet be made bankrupt and homeless
through the blunder of an official agent of the
state, under the statutes of the state as con
strued by the highest state court. IL would
be hard TO conceive a clearer case OF
legaiized robbery than the operation
Of the law as construed by the court.
III mnOaSihlQ pTiS la
ture intended it should have any such effect,
and 1t is equally impossible to assume that
the forbearance of human nature will ac-
QuleSce III its enforcement If an extra Ses-
sion had been necessary to save one single
citizen from the loss of his rights throue h
these surprising defects or errors,i it wouldhaye
10 n called. Hut upon all fOrfeitures already
attached legislation would have been inopera-
tive, and it was clear that the publicity given
through the press and by excited public COM
ment to the whole subject, TO the danger of
ruin in which every man might unwittingly
stand and to the means by which he could
ascertain the fact and avert loss, would pre-
vent the occurrence of any new forfeiture
through surprise or mistake.
The supposed repeal of the provision for
personal notice of the expiration of the re-
demption period has since been declared in-
valid by the supreme court, being in violation
of the section OF the constitution which for
bids that any law shall contain more than one
subject. which IL ust be expressed in its title.
q may rem ark that much time has been lost
in recent sessions by the introdu ction of bills
with titles defective in this respect, which
are often only corrected by recalling the bills
from the executive for that purpOSe.)
The decision in the Wass case has just been
reattirmed, by a majority of the court, after
REORGANIZATION. 1t has thus become your
duty TO provlue some relief mitigation, If
any be possible, of the injustice which may
follow from this hard construction, and to so
amend the tax law that actual, seasonabIe
payment Of a tax shall at all tunes be valid
protection against ans claim t. real estate
based upon its alleged non-payment. You
should also inquire whether the present pro-
vision for notice of the expiration of the re-
demption is sufficient.
The state census showed population of
LIZ, 7yS. The increase took place mainly in
the northern part of the state and in the cit
les OF St Paul and Minneapolis. The purpose
of an enumeration by the state is plainly to
ascertain whether reappOrtiOnment OF leg
islative representation is necessary according
to the requirement Of the cons titution that
representation shall be apportioned equally
throughout the differsnt sections of the state
in proportion TO the population thereof. and
TO furnish a guide for proper aportionment
If one be necessary.
The census shows beyond question that
representation is no longer proportional to
population, and it will be among your plain
est duties TO readiust the representation to
conform TO the constitution. / do not doubt
your perfect willingness to discharge that
constitutional obligation. but you may prop
erly be reminded that your assumed uuwill-
ingness to meet the difficulties and nconven-
fences of reapportionment was strongly
urged upon me as u reason for calling to-
gether your predecessors for the purpose.
If similar circumstances should exist in
1885, as they probably will, hope your pres
ent action will confirm the confidence of all
IN that day, that the Minnesota legislature
will perform its DUTY. uninfuenced by per-
sonal consideration. This duty being per-
forlne d it will be seen that so far as the
reasons urged for session in 1886 are con-
cerned, biennial sessions sufficiently answer
all purposes.